The Plan Commission is hereby authorized and empowered to grant modifications and exceptions to the terms of this chapter as will not be contrary to the public interest, where owning to special conditions, fully demonstrated on the basis of the facts presented, strict compliance with specific provisions of the chapter will result in extreme practical difficulties or undue misuse of property.
(A) In the exercise of this authorization the Commission shall grant a modification or exception only upon the determination that:
(1) The grant will not be detrimental to the public health, safety and general welfare of the county;
(2) The grant will not adversely affect the reasonable development of adjacent property;
(3) The grant is justified because of topographic or other special conditions unique to the property involved, in contradistinction to mere inconvenience or financial disadvantage; and
(4) The grant is consistent with the objectives of this chapter and will not have the effect of nullifying the intent and purpose of this chapter.
(B) A written application for modifications or exceptions shall be submitted by the subdivider or town staff indicating the specific section of this chapter under which the modifications or exception is sought and stating the grounds on which it is requested.
(C) After the application has been docketed for hearing, proper publication of notice has been published, and due consideration has been given, the Commission shall render a decision which shall be:
(1) Recorded in the minutes of the Commission, which minutes shall include the reasoning on which the modification or exception was approved or disapproved;
(2) Transmitted to the subdivider and applicable governmental units in accordance with the terms of this chapter;
(3) Attached with conditions as will, in the Commission’s judgment, secure substantially the objectives of the requirements, standards, and specifications of this chapter so modified or excepted; and
(4) Attached with any covenants or other legal provisions as will, in the Commission’s judgment, assure general conformity to and achievement of the subdivision plan.
(D) Before any modification or exception shall be granted, the Commission shall determine that satisfactory provision and arrangement has been made concerning the following, where applicable:
(1) Ingress and egress to the property and proposed structures thereon with particular reference to automotive and pedestrian safety, convenience, and access in case of fire or catastrophe;
(2) Automotive and pedestrian traffic flow with reference to adequacy, circulation ability and function within the broader planning unit;
(3) Off-street and on-street parking and loading areas with reference to the needs of adjoining land use;
(4) Utilities, with reference to locations, availability and compatibility;
(5) Clear identification of property for land records;
(6) Screening and buffering with reference to type, dimensions and character of materials.
(Ord. 2020-1D, passed 1-6-20)